Answering a Summons from a Credit Card Company

Written by S. Arteta and Fact Checked by The Law Dictionary Staff  

Summons are sent by a credit card company or by a collection agency hired by the company for the purpose of collecting outstanding credits. The worse effect of failure to answer to the summons is that the property of the respondent credit card holder may be garnished. This lien equally applies to the wages and other sources of income by the respondent.

If you have received a summons, you must contact your private attorney and inquire as to the procedure of answering the same. But, in most cases as when the respondent do not have the financial capacity to hire an attorney, they may answer the summons on their own or by filing an Answer Pro Se.

In answering the summons, make sure that you are within the time frame as prescribed by law to file an answer. Failure to file an answer on time may render the court to issue a judgment of default against the respondent. This means that the court will issue judgment based on the complaint filed by the credit card company alone without affording the respondent with his right to answer the allegations on the complaint and to present controverting evidence for the purpose.

One of the major mistakes made by credit card holders who were summoned by the court is to contact the credit card company and stall the filing of the answer. This is not advisable since the period prescribed by law to file an answer is not stalled by said inquiries. This is so because the case was already filed in court and that the latter has assumed jurisdiction over the same. The period prescribed by law in filing an answer is within 20 to 30 days from receipt of the summons. Again, failure to file an answer on time will result to the issuance of a judgment of default which may have the effect of the freezing of the assets owned by the respondent credit card holder and the garnishment of his wages.

In answering the allegations in the complaint, you must specifically deny or admit the allegations in each paragraph of the complaint. In case of denials, the respondent must provide the reason for such denial. Also indicate the caption of the case on the top of the document, the complete name and address of the respondent and telephone number. Sign and date the Answer.

File the Answer in court and furnish a copy thereof to the complainant company. If a date for hearing was set by the court, appear on said date. Failure to appear will have the same effect of failure to file an answer.

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